Government Issues Decree No. 86/2025/ND-CP dated April 11, 2025, detailing some provisions of the Law on Foreign Trade Management regarding trade remedies measures
In the context of international economic integration, the use of trade remedies measures to prevent damage caused by imported goods to domestically produced goods has become a common trend in all countries. Therefore, regulations on trade remedies have become an important content within the framework of international trade law of the World Trade Organization (WTO) in general, as well as in the legal system of each member country in particular. Among these, trade remedies law always holds an important position and is widely applied by countries to protect domestic industries from unfair competition from dumped or subsidized imported goods, or from excessive increases in imported goods.
After nearly seven years of implementing Decree No. 10/2018/ND-CP dated January 15, 2018, detailing some provisions of the Law on Foreign Trade Management regarding trade protection measures, the Ministry of Industry and Trade has conducted a review and gathered opinions from ministries, sectors, and localities nationwide. This has revealed many shortcomings and limitations in the implementation process. These limitations and shortcomings of Decree No. 10/2018/ND-CP have impacted the effectiveness of investigating, applying, reviewing, combating evasion, or responding to trade protection measures in recent years. Therefore, the drafting of a Decree to replace Decree No. 10/2018/ND-CP is necessary to address issues arising in practice, as well as to contribute to ensuring the consistency and uniformity of the legal system, protecting the legitimate rights and interests of domestic production industries, and safeguarding the reputation and legitimate interests of Vietnamese export enterprises.
On April 11, 2025, the Government issued Decree No. 86/2025/ND-CP detailing some provisions of the Law on Foreign Trade Management regarding trade remedies measures, replacing Decree No. 10/2018/ND-CP. The purpose of drafting the replacement Decree is to institutionalize the Party and State's guidelines and policies on proactively participating in international economic integration, to promptly amend and supplement existing problems and inadequacies arising from practice, in order to enhance the effectiveness and efficiency of state management, and to ensure the completeness, comprehensiveness, and uniformity of the legal framework on trade remedies measures, thereby facilitating the application of the law.
Decree No. 86/2025/ND-CP details several articles of the Law on Foreign Trade Management regarding the determination of damage to domestic industries; combating evasion of trade remedies measures; the basis for conducting, the order, procedures, time limits, content, and grounds for terminating investigations into trade remedies cases; the application and review of trade remedies measures; the determination of subsidies and anti-subsidy measures; and the responsibilities of relevant agencies in coordinating during the investigation process. Handling trade remedies measures applied to Vietnamese export goods.
This Decree takes effect from July 1, 2025. Decree No. 10/2018/ND-CP ceases to be effective from the date this Decree takes effect. Cases involving investigations into the application of trade remedies measures, reviews of the application of trade remedies measures, investigations into the application of anti-circumvention measures, and reviews of the application of anti-circumvention measures that have been notified by the investigating authority as having received complete and valid investigation and review requests before the effective date of this Decree shall be resolved according to the provisions of Decree No. 10/2018/ND-CP.
Details can be found here.
